Victorian Consolidated Legislation

Control of Weapons Act 1990 - SECT 5

Prohibited weapons

5. Prohibited weapons





(1) A person must not-

   (a)  bring into Victoria; or

   (b)  cause to be brought into or sent into Victoria; or

   (c)  manufacture, sell or purchase; or

   (d)  display or advertise for sale; or

   (e)  possess, use or carry-

a prohibited weapon without an exemption under section 8B or an approval under
section 8C. Penalty: 240 penalty units or imprisonment for 2 years.

(1A) A person who is in licensed premises or in a public place that is in the
immediate vicinity of licensed premises must not possess, carry or use a
prohibited weapon without-

   (a)  an exemption under section 8B; or

   (b)  an approval under section 8C.

Penalty: 480 penalty units or 4 years imprisonment.

(1B) If a person is convicted or found guilty of an offence against subsection
(1A) in respect of an act or omission, that person is not liable to be
convicted or found guilty of an offence against subsection (1)(e) in respect
of the same act or omission.





(2) A person must not sell a prohibited weapon unless the person reasonably
believes that the purchaser of the weapon has an exemption under section 8B or
an approval under section 8C allowing the purchaser to possess the weapon.

Penalty: 240 penalty units or imprisonment for 2 years.

(3) Subsections (1), (1A) and (2) do not apply to an employee of a person who
holds an approval under section 8C if the employee is acting in the course of
his or her employment and in accordance with the approval.